6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly -Patient has both hypertension (uncontrolled) and diabetes mellitus -His being male and age 51 put him at risk for complications of both elevated BP and blood sugar (diabetes) -These complications commonly involve the heart, the brain and the kidneys, although at present he does not have obvious clinical manifestations of such, in the very near future any of these target organs may fail. -His HPN and DM necessitates lifetime maintenance medicines. Gainful employment is hard to get when one is diabetic and hypertensive. [14] Petitioner filed with the Labor Arbiter (LA) a complaint against respondents seeking disability benefits, sickness allowance or reimbursement of medical expenses, damages and attorney's fees. Petitioner filed a Motion[15] praying for the issuance of an order to submit himself to the Employees Compensation Commission for medical re evaluation, as the parties' respective physicians had different assessments. Respondents filed their Opposition thereto. In an Order[16] dated May 25, 2001, the LA denied the motion and directed the parties to file their position papers with supporting evidence. On January 30, 2003, the LA rendered a decision,[17] the dispositive portion of which reads: WHEREFORE, premises duly considered, judgment is hereby entered ordering herein respondents Bergensen D.Y. Philippines, Inc. and Bergensen D.Y. ASA jointly and severally to pay complainant Prudencio Caranto: 1. To pay the sum of US$60,000.00 as permanent medical unfitness benefits under the pertinent provisions of the CBA (TCCC) of herein parties; and 2. To pay further the sum often percent (10%) of the total award due to the complainant as attorney's fees. All other claims are dismissed for lack of basis. SO ORDERED.[18] The LA found that petitioner had already been compensated of his sickness allowance in the total amount of US$3,299.57. He, however, found that from the time petitioner had been signed off from the vessel on December 25, 1999 for medical treatment up to April 7, 2000, when Dr. Cruz declared the latter fit to work, more than 120 days had elapsed which entitled petitioner to either a permanent partial or total disability compensation, pursuant to Section 20B (5) of the Philippine Overseas Employment Contract (POEA) contract. The LA upheld the medical assessment made by Dr. Vicaldo elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61060 3/12